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WHITTINGTON v. BOARD OF ELECTIONS FOR ONONDAGA CO.

No. 70-CV-368.

320 F.Supp. 889 (1970)

Dianne WHITTINGTON, Gerald S. Doyle, Jr., Linda L. Moore, individually and on behalf of all other persons similarly situated, Plaintiffs, v. BOARD OF ELECTIONS for ONONDAGA COUNTY and the State of New York, et al., Defendants.

United States District Court, N. D. New York.

December 8, 1970.

Attorney(s) appearing for the Case

Richard A. Ellison, Syracuse, N. Y., for plaintiffs; Ronald J. Crowley, North Syracuse, N. Y., of counsel.

Eli Gingold, County Atty., Syracuse, N. Y., for defendants Bd. of Elections for Onondaga County, Richard A. Romeo and Dana L. Wortman; Louis J. Lefkowitz, Atty. Gen. of the State of New York, Albany, N. Y., for defendant John P. Lomenzo; Ruth Kessler Toch, Sol. Gen., Jack W. Hoffman, Asst. Atty. Gen., William J. Kogan, Senior Atty., Albany, N. Y., of counsel.

MEMORANDUM-DECISION and ORDER

PORT, Judge.

Plaintiffs in the above-entitled action have applied for injunctive relief and for the convention of a three judge court pursuant to 28 U.S.C. §§ 2281 and 2284. On behalf of themselves and all other persons similarly situated, plaintiffs attack the constitutionality of the New York Constitution, Article 2, Section 41 and the New York Election Law, § 151.

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